1. Brownfields Prevention Transformed
Deborah Orr
August 2008

2. Region 5 Message
Municipalities can take easy steps toward preventing Brownfields by being proactive.
By helping companies in your community, it is possible to identify potential problems and intervene before sites develop into Brownfields.
Prevention partners activities lead to project benefits.

3. Steps Local Governments can consider:
Incorporate Brownfields Prevention into inspections;
Incorporate Brownfields Prevention into your assessment of properties;
Consider using ordinances;
Work with your State agency; and
Incorporate Brownfields Prevention in your Comprehensive Plan

4. Desired Results
Local governments will be exposed to ideas that can be used to help manufactures and commercial enterprises leave a cleaner footprint on their cities, counties and villages.
This can be accomplished by building on lessons learned from peers

5. Region 5 Challenge Embrace this initiative Add to the dialogue
Become a partner

6. Speakers Patrick Burke, Economic Development Manager, Moline, Illinois
Brian Porter, Terracon Consultants, Inc.

7. Presented By: Patrick Burke, City of Moline Brian Porter, PE, Terracon
Breaking the Brownfields Cycle: Incorporating Sustainable Practices Into Municipal Operations and Environmental Site Assessments
Presented By:
Patrick Burke, City of Moline
Brian Porter, PE, Terracon

8. Part 1: Incorporating Sustainable Practices Into Municipal Operations
Patrick Burke, City of Moline

9. Sustainable Practices for Municipal Operations
Reduce Municipal Expenditures
Conserve Energy
Reduce Pollution

10. Moline’s Sustainability Efforts
Green Initiatives Committee
Curbside Recycling
E85 Fleet
LEED® Certified Police Station
Online Payment and Paperless Council Agendas
Brownfield Redevelopment

11. Green Initiatives Committee
Created April 2007
Energy Conservation
Increase Operating Efficiency
Reduce Waste

12. Curbside Recycling Mandatory March 31, 2008 500 Tons recycled
Ninety Percent Participation Rate
Sixteen Percent of Total Waste Stream Recycled

13. E85 Fleet Flex Fuel Vehicles Soy Biodiesel Hybrid Vehicles
Top 100 Fleets in North America

14. LEED® Certified Police Station

15. Online Payment and Paperless Council Agendas
Online services have resulted in reduced:
Staffing (three positions)
Paper usage
Staff Time
Customer service has improved

16. Brownfield Redevelopment

17. Former Bus Transfer Site

18. El Mercado on Fifth Avenue

19. Former Industrial Site

20. Kone Tower

21. Brian Porter, PE, Terracon
Part 2: Incorporating Sustainable Practices Into Environmental Site Assessments
Brian Porter, PE, Terracon

22. Brownfields Under “The Act”
“With certain legal exclusions and additions, the term ‘brownfield site’ means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”
Small Business Liability Relief and Brownfields Revitalization Act
Public Law , January 11, 2002

23. Liability Protection Under the Act
Innocent Landowner, Contiguous Property Owner, Bona Fide Prospective Purchaser
Each requires conducting ‘all appropriate inquiry’ and accepting “Continuing Obligations” to obtain the liability protection
As always, our courts will ultimately determine if landowners met the conditions of a liability defense

24. EPA Enforcement Guidance*
Threshold Criteria
Party conducted All Appropriate Inquiry
40 Code of Federal Regulations Part 312 after November 1, 2006
Party was not affiliated with liable parties
Continuing Obligations to maintain defense
Take reasonable steps with respect to releases
Provide full cooperation, assistance and access to persons authorized to conduct response actions
Compliance with information requests and subpoenas
Provide legally required notices
Comply with land use restrictions & institutional controls
*EPA Memorandum on Interim Guidance Regarding Criteria Landowners Must Meet to Qualify for Landowners Limitations on CERCLA Liability, March 2003.

25. Land Use Controls (LUCs)
Land use controls are not defined in the Brownfields Act
Terms vary among agencies, ASTM identifies them as Activity and Use Limitations (AULs)
Land use controls are property-specific activities that physically or administratively prevent exposure to residual chemicals in order to avoid unacceptable risk.

26. Land Use Controls (LUCs) Interrupt Risk Pathways
They clean up nothing
You must have all 4 elements to have unacceptable risk condition
Conditions pose no harm as long as the LUCs remain in effect…
SUFFICIENT
TOXICITY
AMOUNT
COMPLETE
PATHWAY
Risk
EXPOSURE
NO = ACCEPTABLE

27. Land Use Controls (LUCs) = $$$
Whether engineered or institutional, land use controls are a deferral of current environmental cost of remedy into the future
They preserve current development and construction capital
They control chemical risk and exposure, but they do nothing to clean up contaminants

28. Land Use Controls (LUCs) are a Condition of Maintaining a Liability Defense
The bona fide prospective purchaser, contiguous property owner, and innocent landowner provisions all require compliance with the following ongoing obligations.
The person is in compliance with any land use restrictions established or relied on in connection with the response action.
The person does not impede the effectiveness or integrity of any institutional control employed in connection with a response action.

29. Brownfields Affect Green Design
Green Building Design
Design and construction practices that significantly reduce or eliminate the negative impact of buildings on the environment and occupants in five broad areas.
Sustainable site planning
Safeguarding water and water efficiency
Energy efficiency and renewable energy
Conservation of materials and resources
Indoor environmental quality

30. Are “Green” Design and Land Use Controls Compatible?
Brownfields redevelopment using LUCs to preserve capital is well advanced.
The independently and rapidly developing path of green construction is gaining velocity.
Unintended consequences have occurred with green programs.
Problems can be avoided if the pathways are considered jointly and early in the Brownfields planning.
Year 3
Year 2
Year 1
Redevelopment w/LUCs
Green Construction ?

31. Example of Conflict Between LUCs and Green Design
Some types of LUCs prevent exposure to contaminants by creating barriers to chemicals “in the ground.”
Example: An impermeable parking lot prevents storm water from infiltrating through contaminated soils and affecting groundwater quality.
Sustainable design concepts (e.g., low-impact design) rely on a connection between the surface and the subsurface.
Example: A parking lot constructed of permeable pavement allows storm water infiltration and reduces surface water contamination.

32. Moline is Using a Concurrent Approach
Assessments performed using the City’s EPA Assessment Grant will evaluate multiple redevelopment options and their trade-offs.
Traditional redevelopment using LUCs
Green redevelopment
Addressing these issues early reduces the probability of conflict later in the project.

33. Moline’s Brownfield Grant
$200,000 Assessment Grant for Hazardous Substances
October 2006 to September 2009
Brownfields Site Prioritization Study
151 Potential sites
Priority sites, some near the proposed Western Illinois University Quad City Riverfront Campus

34. Proposed Western Illinois University Quad City Riverfront Campus
Background
Gift of land and facilities from John Deere and Company
20 Acres, former Deere Technology Center
Community Need
The Quad Cities is one of the country’s largest metropolitan areas without a public 4-year university

35. Proposed Western Illinois University Quad City Riverfront Campus
NOW

36. Proposed Western Illinois University Quad City Riverfront Campus
Redevelopment-Related LEED® Points Anticipated for the Project
SS2 1 Point: Development Density and Community Connectivity
SS3 1 Point: Brownfield Redevelopment
SS5.1 1 Point: Site Development – Protect or Restore Habitat
SS6.1 1 Point: Storm water Design – Quantity Control
SS6.2 1 Point: Storm water Design – Quality Control
WE1.1 1 Point: Water Efficient Landscaping
WE1.2 1 Point: Water Efficient Landscaping, Additional Credit

37. Proposed Western Illinois University Quad City Riverfront Campus
Environmental Sustainability and Social Responsibility are part of the Master Plan
Storm water runoff management, including natural collection and holding systems, permeable paving, and indigenous planting
Treat existing drainage channels as natural waterways
Riverside Park as part of a green “front door”
Continuous, attractive, and safe pedestrian walkway system

38. Proposed Western Illinois University Quad City Riverfront Campus

39. Hypothetical Phase II Assessment Results – Plan View
Contamination “Hot Spots”
Property
Boundary A’ A
Phase II Sample Locations

40. Hypothetical Phase II Assessment Results – Profile
Contamination “Hot Spots”
Ground
Surface
Phase II Soil Borings A’ A

41. “Traditional” Brownfields Reuse – Plan View
Impermeable Barriers A’ A

42. “Traditional” Brownfields Reuse – Profile
Impermeable Barriers A’ A

43. “Green” Brownfields Reuse – Plan View
Natural Pond/Bioswale A’ A

44. “Green” Brownfields Reuse – Profile
Impermeable Liners
Permeable Pavement A A’
“Hot Spot”
Needing Remediation
Natural Pond/Bioswale

45. Evaluation of Redevelopment Alternatives and Preliminary Analysis of Brownfields Cleanup Alternatives (ABCA)
This document will evaluate different options for cleanup, if needed, and future redevelopment based on the Phase II ESA conditions.
This document will consider likely closure scenarios under Illinois’ voluntary program, the cost and schedule to perform various activities required for closure, the impact of these activities on potential LEED® certification, geotechnical considerations, and other redevelopment factors.
Using this document as an outline for discussion, the City can evaluate site conditions and contemplate closure alternatives within the context of the entire redevelopment project.

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